Red Rock Engineering Wa Pty Ltd
[2025] FWCA 1151
•3 APRIL 2025
| [2025] FWCA 1151 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Red Rock Engineering Wa Pty Ltd
(AG2025/725)
RED ROCK ENGINEERING WA ENTERPRISE AGREEMENT 2025
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT O'KEEFFE | PERTH, 3 APRIL 2025 |
Application for approval of the Red Rock Engineering WA Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Red Rock Engineering WA Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Red Rock Engineering WA Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 5 February 2025 and the Agreement was made on 6 March 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
During the assessment process two potential BOOT concerns were identified, the first relating to part time employees and the second to casual employees. At the time of lodgement, the Applicant did not employ any part time employees. The Applicant has advised and I am satisfied that it is not reasonably foreseeable that any part time employees will be employed during the life of the Agreement. As such, the BOOT concern does not arise.
With respect to casual employees, the concern only arose where a casual employee worked a weekend day or days in isolation. The Applicant advises and I accept that casual employees do not currently work such days in isolation, and it is not reasonably foreseeable that any casual employees will do so during the life of the Agreement. As such, the BOOT concern does not arise.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2025. The nominal expiry date of the Agreement is 3 April 2029.
DEPUTY PRESIDENT
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Annexure A
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